United States v. Hubert Spain

TONE, Circuit Judge.

The defendant was convicted in a jury trial of distributing controlled substances in violation of 21 U.S.C. § 841(a)(1). On appeal, he argues that entrapment was established as a matter of law and that the prosecutor’s closing argument was improper. We affirm.

The defense and prosecution offered sharply differing versions of the facts. We must assume for purposes of appeal that the jury accepted the government’s version, which was as follows: Drug Enforcement Administration agents learned that defendant, who operated a pharmacy on Chicago’s south side, had ordered large…